THE SPANISH PRISON SYSTEM

2014NOVE

MBE

R 20

14 ED

ITION

Edita Ministerio del Interior - Secretariacutea General Teacutecnica

Autor y Gestioacuten de los contenidos Secretariacutea General de Instituciones Penitenciarias

Traduccioacuten Isabel Muntildeoz Martiacutenez-Mora

Realizacioacuten encomendada a Entidad Estatal de Derecho Puacuteblico Trabajo Penitenciario y Formacioacuten para el Empleo

Maquetacioacuten Taller de Artes Graacuteficas Centro Penitenciario Madrid III (Valdemoro)

DNV CERTIFICA QUE EL SISTEMA DE GESTIOacuteN DE LA CALIDAD EN IMPRESIOacuteN ARTES GRAacuteFICAS DISENtildeO Y CONFECCIOacuteN INDUSTRIAL Y CARPINTERIacuteA METAacuteLICA ES CONFORME A LA NORMA ISO 90012008 CENTROS DEL ALCANCE MADRID I MADRID III MADRID V TOPAS EL DUESO COacuteRDOBA JAEacuteN SEGOVIA OCANtildeA I OCANtildeA II MONTERROSO Y LA GERENCIA DE LA EETPFE

El Taller de Artes Graacuteficas del Centro Penitenciario Madrid III (Valdemoro) posee la Certificacioacuten ISO 90012008 Nordm 03C-SC005

NIPO (ed web) 126-14-057-8

Cataacutelogo de publicaciones de la Administracioacuten General del Estado httppublicacionesoficialesboees

Edita Ministerio del Interior - Secretariacutea General Teacutecnica

Autor y Gestioacuten de los contenidos Secretariacutea General de Instituciones Penitenciarias

Traduccioacuten Isabel Muntildeoz Martiacutenez-Mora

Realizacioacuten encomendada a Entidad Estatal de Derecho Puacuteblico Trabajo Penitenciario y Formacioacuten para el Empleo

Maquetacioacuten Taller de Artes Graacuteficas Centro Penitenciario Madrid III (Valdemoro)

DNV CERTIFICA QUE EL SISTEMA DE GESTIOacuteN DE LA CALIDAD EN IMPRESIOacuteN ARTES GRAacuteFICAS DISENtildeO Y CONFECCIOacuteN INDUSTRIAL Y CARPINTERIacuteA METAacuteLICA ES CONFORME A LA NORMA ISO 90012008 CENTROS DEL ALCANCE MADRID I MADRID III MADRID V TOPAS EL DUESO COacuteRDOBA JAEacuteN SEGOVIA OCANtildeA I OCANtildeA II MONTERROSO Y LA GERENCIA DE LA EETPFE

El Taller de Artes Graacuteficas del Centro Penitenciario Madrid III (Valdemoro) posee la Certificacioacuten ISO 90012008 Nordm 03C-SC005

NIPO (ed web) 126-14-057-8

Cataacutelogo de publicaciones de la Administracioacuten General del Estado httppublicacionesoficialesboees

THE SPANISH PRISON SYSTEM

Punishments entailing imprisonment

and security measures shall be aimed

at rehabilitation and social reintegration

and may not consist of forced labour

The person sentenced to prison shall enjoy

during the imprisonment the fundamental

rights contained in this Chapter except those

expressly limited by the terms of the sentence

the purpose of the punishment and the penal

law In any case he or she shall be entitled

to paid employment and to the appropriate

Social Security benefits as well as to access

to cultural opportunities and the overall

development of his or her personality

Spanish Constitution Article 252

Prisons are a necessary evil and

nevertheless the deprivation of

freedom is an instrument that will

expectedly remain for a long time

Changes on social structures

and political systems entail

doubtlessly essential modifications

on the concept and sociological

reality of crime as well as on the

legal measures aimed at its

prevention and punishment

However it is hard to imagine

a future in which deprivation

of freedom now predominant in all

countries criminal laws could be

replaced by another measure

of a different nature that while

avoiding the evils inherent to

imprisonment would also provide

the same or even better levels

of social protection

The basic purpose of the legislation

that regulates imprisonment is the

so called special prevention

defined as rehabilitation and social

reintegration of convicted persons

Guaranteeing at the same time

that proper attention is given to the

aim of admonition and intimidation

that the general prevention

requires as well as to the

proportionality of the punishment

in relation to the importance

of the committed offences

demanded by the most elementary

sense of justice

To defend the former this is the

rehabilitative purpose of the

punishment the law tries to avoid

the convictrsquos exclusion from Society

considering him or her a person who

remains an active part of it even if

subject to a particular regime

consequence of his or her earlier

antisocial behaviour aiming at

preparing him or her for the release

to a free life in the best possible

position within a social context

General Penitentiary Law Preamble1979

INDEX

11 Presentation

12 Legal framework

14 Objectives and principles

16 Organization and administrative structure

18 Human resources

22 Different kinds of facilities

28 The prison population

30 Rights and duties of prisoners

32 Treatment programs in prisons

34 Prison work and Workplace insertion

36 Vocational training

38 Formal Educatioacuten

39 Training occupational and cultural programmes

41 Sport programs

42 Health

44 Alternative sentences and meaures

49 Social volunteering

50 Control of prison activity

PRESENTATION

This publication aims to explain the Spanish Penitentiary System to everyone who wants to have a general overview of the organization getting to know the spirit that inspires the functioning of a prison and the activities that take place in it

Over recent decades the Spanish Prison System has experienced a radical change of direction and concept parallel to the evolution of Spanish Society The major event that caused this transformation was the Spanish Constitution of 1978 which inspired profound changes on both criminal law and the treatment of prisoners and prison conditions

A considerable effort has been necessary over recent years in order to mitigate the endemic weaknesses of the system building new facilities improving those in use and reorganizing their performance in order to

achieve a better efficiency of human resources

This publication aims to share these experiences with those institutions and groups involved in turning prisons into living spaces capable of promoting the personal development of inmates These pages try to open the doors of the prison showing how daily life is inside offering a positive vision of the current transformations they are experimenting thanks to the efforts of the staff and the prisoners themselves

An approach to the problems and achievements provides a better understanding of the complex but exciting task of turning men and women who committed an offence that deserved a fair sentence from the courts into integrated citizens

Over recent decades the Spanish Prison System has

made a considerable effort for refocusing its goals

and adapting its facilities to new purposes

11

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Punishments entailing imprisonment

and security measures shall be aimed

at rehabilitation and social reintegration

and may not consist of forced labour

The person sentenced to prison shall enjoy

during the imprisonment the fundamental

rights contained in this Chapter except those

expressly limited by the terms of the sentence

the purpose of the punishment and the penal

law In any case he or she shall be entitled

to paid employment and to the appropriate

Social Security benefits as well as to access

to cultural opportunities and the overall

development of his or her personality

Spanish Constitution Article 252

Prisons are a necessary evil and

nevertheless the deprivation of

freedom is an instrument that will

expectedly remain for a long time

Changes on social structures

and political systems entail

doubtlessly essential modifications

on the concept and sociological

reality of crime as well as on the

legal measures aimed at its

prevention and punishment

However it is hard to imagine

a future in which deprivation

of freedom now predominant in all

countries criminal laws could be

replaced by another measure

of a different nature that while

avoiding the evils inherent to

imprisonment would also provide

the same or even better levels

of social protection

The basic purpose of the legislation

that regulates imprisonment is the

so called special prevention

defined as rehabilitation and social

reintegration of convicted persons

Guaranteeing at the same time

that proper attention is given to the

aim of admonition and intimidation

that the general prevention

requires as well as to the

proportionality of the punishment

in relation to the importance

of the committed offences

demanded by the most elementary

sense of justice

To defend the former this is the

rehabilitative purpose of the

punishment the law tries to avoid

the convictrsquos exclusion from Society

considering him or her a person who

remains an active part of it even if

subject to a particular regime

consequence of his or her earlier

antisocial behaviour aiming at

preparing him or her for the release

to a free life in the best possible

position within a social context

General Penitentiary Law Preamble1979

INDEX

11 Presentation

12 Legal framework

14 Objectives and principles

16 Organization and administrative structure

18 Human resources

22 Different kinds of facilities

28 The prison population

30 Rights and duties of prisoners

32 Treatment programs in prisons

34 Prison work and Workplace insertion

36 Vocational training

38 Formal Educatioacuten

39 Training occupational and cultural programmes

41 Sport programs

42 Health

44 Alternative sentences and meaures

49 Social volunteering

50 Control of prison activity

PRESENTATION

This publication aims to explain the Spanish Penitentiary System to everyone who wants to have a general overview of the organization getting to know the spirit that inspires the functioning of a prison and the activities that take place in it

Over recent decades the Spanish Prison System has experienced a radical change of direction and concept parallel to the evolution of Spanish Society The major event that caused this transformation was the Spanish Constitution of 1978 which inspired profound changes on both criminal law and the treatment of prisoners and prison conditions

A considerable effort has been necessary over recent years in order to mitigate the endemic weaknesses of the system building new facilities improving those in use and reorganizing their performance in order to

achieve a better efficiency of human resources

This publication aims to share these experiences with those institutions and groups involved in turning prisons into living spaces capable of promoting the personal development of inmates These pages try to open the doors of the prison showing how daily life is inside offering a positive vision of the current transformations they are experimenting thanks to the efforts of the staff and the prisoners themselves

An approach to the problems and achievements provides a better understanding of the complex but exciting task of turning men and women who committed an offence that deserved a fair sentence from the courts into integrated citizens

Over recent decades the Spanish Prison System has

made a considerable effort for refocusing its goals

and adapting its facilities to new purposes

11

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Prisons are a necessary evil and

nevertheless the deprivation of

freedom is an instrument that will

expectedly remain for a long time

Changes on social structures

and political systems entail

doubtlessly essential modifications

on the concept and sociological

reality of crime as well as on the

legal measures aimed at its

prevention and punishment

However it is hard to imagine

a future in which deprivation

of freedom now predominant in all

countries criminal laws could be

replaced by another measure

of a different nature that while

avoiding the evils inherent to

imprisonment would also provide

the same or even better levels

of social protection

The basic purpose of the legislation

that regulates imprisonment is the

so called special prevention

defined as rehabilitation and social

reintegration of convicted persons

Guaranteeing at the same time

that proper attention is given to the

aim of admonition and intimidation

that the general prevention

requires as well as to the

proportionality of the punishment

in relation to the importance

of the committed offences

demanded by the most elementary

sense of justice

To defend the former this is the

rehabilitative purpose of the

punishment the law tries to avoid

the convictrsquos exclusion from Society

considering him or her a person who

remains an active part of it even if

subject to a particular regime

consequence of his or her earlier

antisocial behaviour aiming at

preparing him or her for the release

to a free life in the best possible

position within a social context

General Penitentiary Law Preamble1979

INDEX

11 Presentation

12 Legal framework

14 Objectives and principles

16 Organization and administrative structure

18 Human resources

22 Different kinds of facilities

28 The prison population

30 Rights and duties of prisoners

32 Treatment programs in prisons

34 Prison work and Workplace insertion

36 Vocational training

38 Formal Educatioacuten

39 Training occupational and cultural programmes

41 Sport programs

42 Health

44 Alternative sentences and meaures

49 Social volunteering

50 Control of prison activity

PRESENTATION

This publication aims to explain the Spanish Penitentiary System to everyone who wants to have a general overview of the organization getting to know the spirit that inspires the functioning of a prison and the activities that take place in it

Over recent decades the Spanish Prison System has experienced a radical change of direction and concept parallel to the evolution of Spanish Society The major event that caused this transformation was the Spanish Constitution of 1978 which inspired profound changes on both criminal law and the treatment of prisoners and prison conditions

A considerable effort has been necessary over recent years in order to mitigate the endemic weaknesses of the system building new facilities improving those in use and reorganizing their performance in order to

achieve a better efficiency of human resources

This publication aims to share these experiences with those institutions and groups involved in turning prisons into living spaces capable of promoting the personal development of inmates These pages try to open the doors of the prison showing how daily life is inside offering a positive vision of the current transformations they are experimenting thanks to the efforts of the staff and the prisoners themselves

An approach to the problems and achievements provides a better understanding of the complex but exciting task of turning men and women who committed an offence that deserved a fair sentence from the courts into integrated citizens

Over recent decades the Spanish Prison System has

made a considerable effort for refocusing its goals

and adapting its facilities to new purposes

11

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

INDEX

11 Presentation

12 Legal framework

14 Objectives and principles

16 Organization and administrative structure

18 Human resources

22 Different kinds of facilities

28 The prison population

30 Rights and duties of prisoners

32 Treatment programs in prisons

34 Prison work and Workplace insertion

36 Vocational training

38 Formal Educatioacuten

39 Training occupational and cultural programmes

41 Sport programs

42 Health

44 Alternative sentences and meaures

49 Social volunteering

50 Control of prison activity

PRESENTATION

This publication aims to explain the Spanish Penitentiary System to everyone who wants to have a general overview of the organization getting to know the spirit that inspires the functioning of a prison and the activities that take place in it

Over recent decades the Spanish Prison System has experienced a radical change of direction and concept parallel to the evolution of Spanish Society The major event that caused this transformation was the Spanish Constitution of 1978 which inspired profound changes on both criminal law and the treatment of prisoners and prison conditions

A considerable effort has been necessary over recent years in order to mitigate the endemic weaknesses of the system building new facilities improving those in use and reorganizing their performance in order to

achieve a better efficiency of human resources

This publication aims to share these experiences with those institutions and groups involved in turning prisons into living spaces capable of promoting the personal development of inmates These pages try to open the doors of the prison showing how daily life is inside offering a positive vision of the current transformations they are experimenting thanks to the efforts of the staff and the prisoners themselves

An approach to the problems and achievements provides a better understanding of the complex but exciting task of turning men and women who committed an offence that deserved a fair sentence from the courts into integrated citizens

Over recent decades the Spanish Prison System has

made a considerable effort for refocusing its goals

and adapting its facilities to new purposes

11

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

PRESENTATION

This publication aims to explain the Spanish Penitentiary System to everyone who wants to have a general overview of the organization getting to know the spirit that inspires the functioning of a prison and the activities that take place in it

Over recent decades the Spanish Prison System has experienced a radical change of direction and concept parallel to the evolution of Spanish Society The major event that caused this transformation was the Spanish Constitution of 1978 which inspired profound changes on both criminal law and the treatment of prisoners and prison conditions

A considerable effort has been necessary over recent years in order to mitigate the endemic weaknesses of the system building new facilities improving those in use and reorganizing their performance in order to

achieve a better efficiency of human resources

This publication aims to share these experiences with those institutions and groups involved in turning prisons into living spaces capable of promoting the personal development of inmates These pages try to open the doors of the prison showing how daily life is inside offering a positive vision of the current transformations they are experimenting thanks to the efforts of the staff and the prisoners themselves

An approach to the problems and achievements provides a better understanding of the complex but exciting task of turning men and women who committed an offence that deserved a fair sentence from the courts into integrated citizens

Over recent decades the Spanish Prison System has

made a considerable effort for refocusing its goals

and adapting its facilities to new purposes

11

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

LEGAL FRAMEWORK

The Article 252 of the Spanish Constitution the General Penitentiary Law and its Regulations provide the basic legal framework for the Spanish Prison System All Spanish penitentiary legislation collects and endorses the recommendations established by the European Prison Rules

The Spanish Constitution in its Article 252 establishes that rdquoPunishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence the purpose of the punishment and the penal law In any case he or she shall be entitled to paid employment and to the appropriate Social Security benefits as well as to access to cultural opportunities and the overall development of his or her personalityrdquo

Moreover the passing of the General Penitentiary Law (LOGP) on September 1979 marked an important turning point providing autonomy to this sector of the Criminal Justice and putting penitentiary legislation at the same level as criminal and procedural legislation

Its rules are based on the minimum provisions inspired by the United Nations and the Recommendations of the Council of Europe on human rights international agreements and on the Spanish Constitution

The Article 1 of the Preamble states that ldquoThe penitentiary institutions regulated by this Law have as their main aim the re-education and social reintegration of those persons sentenced to custodial sentences and measures as well as the custody of detainees pre-trial detainees and sentenced persons

They are also in charge of the assistance and care of prisoners and conditionally released personsrdquo

The Article 3 of the Preamble states that ldquoThe penitentiary activity shall be exercised respecting in any case the human personality of inmates and their rights and legal interests that are not affected by the sentence without distinction whatsoever on grounds of race political opinions religious beliefs social status or any other circumstance of a similar naturerdquo

Therefore 1 Inmates shall be able to exercise their civil

political social economic and cultural rights including the right to vote unless they are incompatible with the object of their detention or the execution of the sentence

2 Measures shall be taken to ensure that inmates and their families retain their entitlement to Social Security benefits acquired before entering prison

3 Under no circumstances shall inmates be prevented from continuing the procedures that were pending at the time of their imprisonment and from initiating new lawsuits

4 The Prison Administration shall safeguard inmates life integrity and health

5 Inmates have the right to be called by their own namerdquo

The article 6 establishes that ldquono inmate shall be subjected to ill treatment by word or deedrdquo

12

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

The Article 26 establishes the right to work and its conditions rdquoLabour will be considered as a right and a duty for inmates being a basic element of treatment

Its conditions shall be a) It shall not be afflictive nor will it be

applied as a correction b) It shall not threaten inmatesacute dignity c) It shall have a training nature creating

or maintaining working productive or therapeutic habits in order to prepare inmates for the regular conditions of free labour

d) It shall be organized and planned taking into account skills and professional qualifications so as to meet the career aspirations of inmates in as much as they are compatible with the organization and security of the prison

e) It shall be provided by the Administration f ) It shall be regulated by the existing

legislation on Social Security g) It shall not be subject to the pursuing of

economic interests by the Administrationrdquo

The Article 55 lays down the principles relating to education and training of prisoners

rdquo1 In each facility there will be a school where the education of inmates especially the illiterate and youth will take place

2 The lessons taught in the prison will comply as far as possible with the existing legislation on vocational education and trainingrdquo

In the Royal Decree 19096 of 9 February the Prison Regulations (PR) which develop the General Penitentiary Law (LOGP) and include several changes on prison law were passed as a result of the coming into force of a new Penal Code and its subsequent amendments

The Royal Decree 8402011 develop the characteristics of the execution of sentences of Community Service and Permanent Location certain security measures as well as the suspension of prison sentences

Since the amendment of the Penal Code of 1995 the Parliament has used this channel to introduce modifications on prison legislation in relation to the definition of new sanctions or forms of execution especially in open regime and in a community setting as well as in relation to the regulation of prison benefits or the maximum or minimum length of prison sentences

They all are under the legal framework that regulates the activities of the penitentiary system developed and adapted basically through case law and instructions of the General Secretariat of Penitentiary Institutions

This framework enables a comprehensive set of penalties and some open and flexible methods and ways of execution developing the social reintegration model included in the Constitution which is the benchmark for the Spanish Penitentiary System

13

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

OBJECTIVES AND PRINCIPLES

The fundamental task that the Spanish Constitution and the General Penitentiary Law assign to the prison system is to ensure the enforcement of the sentences imposed by judges guaranteeing the custody of prisoners and protecting their integrity

But this task cannot be complete or effective if itacutes not focused on rehabilitation The aim is for the imprisonment not to serve as in past times as a school for criminals but instead as a preparation for a free life in which respect for the social rules and obedience to the law prevail

The effort is focused above all into providing inmates with the necessary employment and education means to help them integrate themselves successfully into the new life that awaits them upon release

The entire organization of the prison system and the available material resources are designed to meet these objectives effectively To achieve this the actions comply with the following principles

Individualization The entry into prison is always a traumatic event that is intended to be alleviated as much as possible by welcoming the inmate into the Admissions Unit During this period the newcomer is examined by the medical team and interviewed by a technical team that evaluates him or her and taking into account his or her personality and criminal history

assigns him or her to a life regime following separation and classification criteria

Grade progression The Spanish Prison System is progressive and flexible an inmate can be classified in a higher grade except conditional release without having to go through the lower grades This means that every inmate can be progressed to 3rd grade or Open Regime depending on the time served and his or her evolution once assessed the behaviour the level of participation in activities the use of leaves etc Although in case of negative behaviour his or her life regime can be restricted as well regressing him or her to a lower grade

Within two months from receiving the sentence in the prison the Treatment Board chaired by the prison Director and integrated by a multidisciplinary technical team makes a proposal in relation to the penitentiary grade in which the prisoner should serve initially the sentence

On most cases inmates are classified in 2nd degree or Common Regime attempting to avoid as much as possible the harms that living out of Society may cause in their rehabilitation process

Only exceptionally when the prisoner shows an openly non-adapted or violent behaviour he or she can be classified in 1st grade or Closed Regime

The objective of the system is to combine the enforcement

of sentences and the custody of inmates with their social

rehabilitation

14

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

3rd Grade or Open Regime is used as a learning process so that prisonersacute incorporation to free life is gradual It is also a stimulus for their rehabilitation since prisoners see that their efforts are rewarded with a better treatment of their sentence This regime allows an evaluation of the prisonersacute evolution and an assessment of the degree of recovery at the end of the process

No classification is final and all grades are reviewed before six months

Penitentiary Treatment All the activities that are organised in prison are focused not only on the prisonersacute therapeutic recovery or care but also and primarily on developing their social and employment skills facilitating thus their reintegration Training programs and cultural leisure and sports activities contribute to their personal and social development stimulating their self-esteem and motivating a respectful attitude towards the rules This intervention concept basis of the Spanish Prison System has proven to be the best way to avoid recidivism

Enforcement of the sentence wherever the offender counts with social roots Spanish prisons are scattered throughout the country This allows inmates as far as it is possible to serve their sentences in a facility close to their home avoiding family and social uprooting

Contact with the outside Contact between the inmate and the outside world is seen as a positive tool for reinsertion and it is conceived in a double way

Communication The Prison Rules regulate inmatesacute communications by letter and phone or by personal contact in the facilities that exist for this purpose within the prison Inmates can communicate weekly in the parlors with family and friends They can communicate monthly with their partner and family without any physical separation elements in special rooms Additionally in case they have children under 10 they can have a conviviality visit with them and their partner

Leaves As a preparation for release inmates classified in 2nd or 3rd grade of treatment may enjoy regular leaves These leaves approved by the Prison Treatment Board and authorised by the Penitentiary Surveillance Judge require for the inmate to have completed at least a quarter of the sentence and to have a good behaviour

Additionally as long as special circumstances concur such as death or illness of a close relative or the birth of a child inmates may enjoy extraordinary leaves with the necessary security measures that each case requires

15

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

ORGANIZATION AND ADMINISTRATIVE STRUCTURE

The management of the prison policy is responsibility of the Ministry of the Interior and is carried out through the General Secretariat of Penitentiary Institutions

In some cases these competences can be assumed by the Autonomous Communities which are the political and administrative territorial divisions of the State of Spain So far only the Autonomous Community of Catalonia has these competences transferred In order to ensure the cooperation and the cohesion of the Prison System both administrations coordinate among themselves through a Joint Committee

In order to perform its duties the Prison Administration is divided into technical and functional units with different administrative levels as well as into a network of peripheral services consisting on prisons and social insertion centres

The basic organizational feature of the Spanish Penitentiary System is a strong centralization in the planning and design of prison policies along with a rich decentralization on the execution of these services

The system has a wide network of facilities

distributed throughout the country

16

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

HEAD OFFICE SERVICES

General Secretariat of Penitentiary Institutions

State Entity of Public Law

for Prison Work and Vocational Training

Deputy Directorate Deputy Directorate Deputy Directorate Deputy Directorate

General of Deputy Directorate Deputy DirectorateGeneral of General of General of Deputy Directorate

Institutional General of General ofTreatment and Alternative Penitentiary General of

Relations Penitentiary HumanPrison Sentences Health Prison Services

and Territorial Inspection ResourcesManagement and Measures Coordination

Coordination

PRISON

Director

Prison Security and LabourTreatment Human Resources

Health Resources Management Surveillance and ProductionDeputy Deputy

Deputy Directorate Deputy Deputy DeputyDirectorate Directorate

Directorate Directorate Directorate

SOCIAL INSERTION CENTRE

Director

AlternativePrison Security and Human Labour and

Treatment Sentences andHealth Resources Management Surveillance Resources Production

Deputy MeasuresDeputy Directorate Deputy Deputy Deputy Deputy

Directorate DeputyDirectorate Directorate Directorate Directorate

Directorate

17

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Para desarrollar sus funciones la SecretariacuteaGeneral de Instituciones Penitenciariascontaba en diciembre de 2013 con 24470trabajadores entre el cuerpo de funcionariosy el personal laboral A estos profesionaleshay que sumar los 445 que prestan suservicio en la Entidad Estatal TrabajoPenitenciario y Formacioacuten para el Empleo

Prison State Employees

Departments

Management

Treatment

Health

Surveillance

Administration

384

1358

949

15422

4260

Civil Servants 22373 Contract Staff 2097 Total 24470 Staff from the State Entity TPFE

TOTAL PERSONAL 24915

Civil Servants 401 Contract Staff 44 Total 445

HUMAN RESOURCES

The staff working in the prison system plays a decisive role in the development of the prison policy and in the implementation of rehabilitation programs for inmates

In a prison system aimed at social reintegration it is essential to count with teams of qualified professionals with a high level of involvement The success or failure of the task is to a large extent in their hands Therefore it is necessary to turn prisons into attractive workplaces

The civil servantsacute training is an essential element of the strategy of change of the Penitentiary Administration New challenges and technological advances applied to the prison system require continuous updating of knowledge and staff training The Training Department of the Deputy Direction General of Human Resources is in charge of this task Among its commitments is the developing of training programs for new staff while in charge of the specialization and updating of the various professional teams and staff categories involved in the correctional process The Training Department has the commitment as well of delivering training and professional updating courses for the promotion of the staff a key factor to increase motivation and involvement

Data as at 31122013

18

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

To perform its tasks the General Secretariat of Penitentiary Institutions counted with as at December 2013 a staff of 24470 between civil servants and contract staff To this staff we have to add 445 persons working for the State Entity Penitentiary Labour and Vocational Training

The process of modernization and the Infrastructures Plan of the Penitentiary Administration have led to a significant increase on human resources During the past five years a total of 1772 new posts have been offered

Staff selection is done in accordance with the Public Employment Offer through the public announcement of the selection examinations which guarantee the principles of equality merit ability and publicity

Prisons have specialized staff subject to contract and civil service status Through a structure of bodies and professional categories the system guarantee

the coverage of experts in criminal law psychology sociology pedagogy medicine nursing social work surveillance and custody financial and administrative management production workshops management vocational training and employment guidance among others

The penitentiary civil servants are structured in Penitentiary Categories Their legal status is regulated primarily by the Law 72007 12 April Basic Statute of the Civil Service and alternatively by the Law of State Civil Servants (Decree 31564 7 February) and the Law 3084 2 August of the Civil Service Reform

Penitentiary staff is completed with contract employees who develop their work in the areas of health and intervention The employment of this staff is regulated by the III Single Collective Agreement for Contract Staff of the General State Administration (Resolution of the General Direction of Labour 3 November 2009 Official Gazette of November 12th 2009) and the Statute of Workers

Health and education services are integrated or being integrated into the public standard system or network which are managed by the Autonomous Communities

Prisons have highly qualified professional teams that are identified with the aims of the system

19

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Each prison is built as a self-sufficient village where a great number of practitioners carry out their work They are divided into groups included in the work areas of surveillance intervention health services and maintenance

The penitentiary system counts with a multidisciplinary team of practitioners such as

Penitentiary lawyers They are in charge of studying all the criminal procedural and penitentiary information regarding each inmate making a legal assessment for his or her classification which will determine the treatment program the inmate will follow They write and justify the decisions taken by the Prison Treatment Board and the legal reports for the judicial authorities and the Penitentiary Administration

The prison legal services provide inmates with legal advice and updated information about their procedural criminal and penitentiary situation so they can have realistic expectations for their future medium and long term

Psychologists They study the variables that determine inmatesacute behaviour drafting reports and identifying the lacks and needs that have to be taken into account for assigning treatment programs and individualized models of intervention They are in charge of delivering treatment programs

Educators Their job is to gather information advising and informing each inmate they have assigned about both penitentiary and extra-penitentiary matters They observe the inmatesacute behaviour and issue the corresponding reports which are included in the follow-up folder They develop the therapeutic intervention programs and the cultural and sport activities that involve the inmates they are in charge of

Social workers Before starting any rehabilitation intervention the assistance of social workers is in the first place focused on solving the social and family problems that triggered the imprisonment In particular they provide information and advice about social services so the inmate can have access to subsidies housing education scholarships grants etc Social workers mediate on the restoration of damaged or broken family ties so the inmate can rebuild his or her social bonds When these are nonexistent they look for alternative social assistance resources for their gradual reintegration They are also responsible for promoting employment insertion for those inmates whose situation allows an access to a social and working environment All this without neglecting the task of supporting and monitoring conditionally released persons or those subject to alternative measures

Professionals from different disciplines work in teams

composed of jurists psychologists educators social workers health

personnel sociologists and officers

20

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Health staff They are in charge of elaborating protocols for the health care development within the prison They have to guarantee a quality health care through the rational and efficient use of their own and external diagnose and therapeutic resources They determine the criteria for referral of patients who require it to specialists doing a critical follow-up They are also responsible for ensuring the proper implementation of the health programs established by the prison management or the Health Administration authorities They must ensure that all documentation relating with health is properly completed and made available to the prison management and the public health agencies

Sociologists They conduct researches and studies requested by the Penitentiary Administration while advising on matters related to their speciality They participate as well in the planning development and assessment of intervention programs for inmates

Surveillance staff This group represents the vast majority of the workforce and performs an ample variety of functions within prisons In addition to ensuring the maintenance of order this group is directly involved in educational tasks and the rehabilitation of inmates As they are in direct contact with them they have firstshyhand information about their behaviour and are privileged observers of their evolution during the development of different programs Their work is performed in close collaboration with the prison educational and therapeutic teams and their contribution is an essential factor in the inmatesacute process of reintegration

21

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

DIFFERENT KINDS OF FACILITIES

The General State Administration (excluding Catalonia) counted as at the beginning of 2014 with 68 regular prisons 2 Psychiatric Centres 32 Social Insertion Centres 3 Mothers Units and 14 Dependent Units Together they conform a modern and functional prison map where prisons are like self-sufficient villages

The prison design has evolved over recent years The concept has improved and the implementation of a new functionality has allowed to adapt prisons to the new goal of inmatesacute rehabilitation and training

Today prisons are architecturally designed with a module typology that allows the creation of spaces that facilitate daily life in prison responding to the dual function of being places for custody and places that favour rehabilitation They are conceived thus to be effective tools for education and rehabilitation of inmates while ensuring their safety and the enforcement of sentences

The geographical placement of new centres is adjusted to the penitentiary demand in each territory of the State which allows the offender to serve the sentence at the facility closest to his or her place of origin All prisons are equipped with adequate facilities so that prisoners can lead the assigned life regime and in case this is an open regime it can be effective

Prisons bring together people with multiple and diverse problems To provide positive answers for all of them it is necessary to diversify and individualize the proceedings This is the spirit of the Spanish Prison System To accomplish this goal it counts with different type of facilities where inmates are imprisoned attending to their personal characteristics and their criminal status

Regular prisons

The execution of the sentence imposed by the judge requires in many occasions the offenderrsquos permanent confinement in a closed environment The same applies to detainees on remand who are brought to justice During a more or less long period of time the life of these people goes by between the walls of the prison In these cases a functional design of the infrastructure and the adequate resources are basic

The Prison Infrastructure and Equipment Company (SIEPSA) responsible for the designing planning and implementation of new facilities has developed a model of prison that serves as the basis for the construction of modern facilities

This new design provides prisons with different buildings for housing common general services as well as with spacious multipurpose areas for common use as workshops and classrooms Spaces are also provided for health care and communications with the families

Prisons serve as self-sufficient small towns with all the necessary services for an adequate functioning Inmates are trained and assigned with posts in the bakery the laundry the supplies store or the cleaning service under the form of production workshops

High levels of safety and efficiency are guaranteed by the differentiation of areas residential equipment work and peripheral and the best possible habitability for the integral development of inmates through cultural educational sports or work activities is provided

Prisons are equipped with high-level security technology as well as service delivery systems and renewable energy

22

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

23

Prototype Centre Plant

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Social Integration Centres (CIS)

These centres are for inmates who are serving their sentence in open regime or who are in an advanced process of reintegration The CISs manage as well non-custodial alternative measures including Community Service the conditional suspension of the sentence execution and the permanent location These centres monitor conditional releases as well

CISs are located in urban or semi-urban areas whenever possible next to social environments that are familiar to prisoners so their reintegration into free Society is facilitated and inmates can rebuild their lives in their usual environment and close to their families upon release

The open regime requires the voluntary acceptance of the inmate and it is based on the principle of trust since prisoners have freedom to fulfil their job commitments and treatment programmes outside the centre

The CISs play a basic residential role but they also offer intervention and treatment activities social work and production workshops They are all equipped with flexible security systems

Technology offers a choice for controlling remotely (telematic control) the mobility of prisoners and therefore the possibility of combining both a greater level of freedom and social integration while meeting the social demands for security

The bracelet or anklet linked to a telephone detector the personal locater via GPS the alcohol intake analyzer with a face viewer or the personal identification voice detectors are some of the means available to control inmates from a distance These electronic monitoring systems can also provide movement restrictions that may be considered appropriate depending on each case to support social integration and public safety

24

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Mothers Units

As at the beginning of 2014 778 of the Spanish prison population were women some of them mothers with children The Spanish legislation recognizes the right of imprisoned mothers to keep their children with them until they are three years old For this reason more than 200 children live in prisons with their mothers while they are serving their sentences However prison is obviously not the most suitable place for young children to spend their early years

We have three Mothers Units in Seville in Majorca and in Madrid and another two waiting to be opened Life in these facilities is adapted to the schedules and needs of children and is similar to that of any child in freedom children sleep and eat breakfast with their mothers they attend school etc

Nursery schools have a psychomotor activity classroom a dining room and a garden for outdoor games and are serviced by permanent staff who programs the activities just as in any other childrenrsquos centre

This is a pioneering experience in Europe whose aim is to create a suitable environment for the emotional and educational development of children during the time they have to stay in the centre while promoting their mothers social reintegration

The creation of these new facilities is intended for segregating permanently Mothers Units from prisons making them independent and providing them a complete autonomy in order to establish a specific coexistence regime Every structural element has been designed to facilitate a balanced development of children and a proper mother-child relationship from its attractive exterior to the provision of educational facilities from the family privacy provided by small apartments to the discreet security measures

There is also a Family Unit in the Prison of Madrid VI for those cases in which both members of the couple are imprisoned In this Unit both parents can live together with children under 3 years of age providing they meet the required safety profile and they guarantee the adequate care of their children

The Mothers Units a pioneering experiencehellip under three years of age so that they can serve their sentences in an environment suitable for child development

25

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Penitentiary Psychiatric Hospitals

Penitentiary Psychiatric Hospitals are special facilities conceived for the execution of custodial security measures by inmates diagnosed with mental disorders The persons that the Judges send to these hospitals have been considered nonshycriminally responsible due to presenting some kind of anomaly or mental illness especially severe psychotic mental disorders which prevent them from understanding the illegality of the crime

Health care is the priority function in these facilities and it is coordinated by a multidisciplinary team of psychiatrists psychologists general practitioners nurses social workers educators and occupational therapists who are responsible for guaranteeing the offenderrsquos rehabilitation process under the bio-psychosocial model of intervention

In these mental hospitals there is no classification system in grades of treatment as in ordinary penitentiary centres The main aim of these hospitals is the psychopathological stabilization of the patients and their harm reduction as a first

step for a possible substitution of the custodial security measure by an ambulatory treatment in the Community

To achieve this goal in addition to an extensive program of rehabilitation activities ndashpsychiatric and psychological assistance occupational therapy education and training activities sports outdoor therapeutic outings assistance to families etcndash the collaboration from health and social institutions of the public network who are responsible for continuing the treatment and monitoring mental illnesses within the community is needed

The permanence of a patient in a Penitentiary Psychiatric Hospital can not exceed in any case the maximum penalty established by the sentence The General Secretariat of Penitentiary Institutions has two Penitentiary Psychiatric Hospitals located at Alicante and Seville

There are several types of centres

to attend the diverse personal situations

of the inmates

26

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Dependent Units

Given the peculiarity of some inmates and their personal circumstances the Penitentiary Administration can authorize certain forms of execution of the sentence in what is known as Dependent Units

Dependent Units are together with the CISS one of the resources used by the penitentiary authorities for the enforcement of sentences in an open environment

They are residential facilities located outside of prisons in urban areas without any distinguishing external sign so they assume the normality of the community which brings a sense of freedom and integration to its occupants This facilitates as well the use of community resources

These units have a dual function they complement the rehabilitation work started in prison with activities that promote personal development responsibility and the values of coexistence and on the other hand as inmates are daily in an open environment they acquire or reinforce their family ties and work habits which in some cases they had lost They have access to education and training and when needed to medical and psychological treatment These facilities are mainly aimed at mothers with children and persons without family ties

They are managed preferentially and directly by associations and collaborating NGOs under the supervision of the Penitentiary Administration

27

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

THE PRISON POPULATION

The prison population in Spain has continued to decrease during 2013 in a sustained way As of 31 December 2013 it had reached an annual decrease of 23 This data suggests a demographic scenario of a stable and moderately declining number of imprisoned people after several years of strong growth even doubling the number in 1990 A phenomenon explained in part by the successive reforms of the Penal Code especially the increased penalties for crimes of domestic violence and road security

The estimated rate of prisoners per 100000 population stands at present (January 2014) at about 143 points in the lower half of the European countries between the 60-70 points of countries such as Finland Norway and Denmark and the 250-300 points of the Baltic Republics and the above 200 of Poland and the Czech Republic Without mentioning the much higher figures of the Russian Federation Our imprisonment rate is similar to that of the British Government and higher than in Italy Portugal France and Germany

As at February 2014 there were 66706 prisoners in the Spanish prisons to which those sentenced to alternative measures must be added

The profile of the majority of our prison population is represented by people who have lived in depressed environments with little education and no professional qualifications or social skills A significant percentage of these people are functionally illiterate and another big group has not had or has not completed primary studies

Inmates in Spain

State Administration 56924

Autonom Government of Catalonia 9782

TOTAL 66706

Data as at 722014

There is also a high number of foreign prisoners who do not know our language or donrsquot understandspeak it correctly Another very noticeable feature of the prison population is the high percentage of drug abusers

People between 41 and 60 represent the largest group reaching a 355 of the prison population

Women were a 76 of the prison population as at February 2014 In this rate there is a large number of foreign women serving long sentences for drug trafficking European countries have an average female prison population between 4 and 6

The majority of offences are linked to property (thefts) in the case of men and public health (drug trafficking) in case of women

Knowing the profile of inmates makes it possible to diagnose correctly the problems that the Spanish Prison System faces designing thus the adequate strategies for addressing effectively the rehabilitation of inmates

28

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Evolution of Spain prison population

NU

MB

ER

OF

IN

MA

TE

S

80000

70000

60000

50000

40000

30000

20000

10000

0

76079 73558 73929

70472 6859767100 667656554864021 63517 63403

61054 5997559375 585565772556096 55049 5274751882 51272

4864547571 45104 44924

4113139013

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

AGE STATE GENERAL ADMINISTRATION 31122013

SPAIN AGE

56968

Prison population rate (per 100000 of national population)

140

160

143

131 137

149

60

80

100

120

77

98

108

73

58

100

111

86

102

82

67

40

20

0 Germany Austria Belgium Denmark Spain Finland France Greece Ireland Italy Luxemburg Netherlands Portugal United

Kingdom

England and

Wales

Sweeden

Source ICPS International Centre for Prisons Studies A partner of University of Essex wwwprisonstudiesorg Spain data INE Date of population at 172013 Provisional data 46609652 For remaining countries (since january 2012 until january 2014)

29

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

RIGHTS AND DUTIES OF PRISONERS

The Spanish Constitution of 1978 means the full integration of the principles that pervade the rule of law on the Spanish legal system as it is understood in Western democratic systems

The Spanish legal system is strict in maintaining order and guarantees the rights of individuals

With the Constitution as the general framework of reference and the General Penitentiary Law the system has a regulatory network where the rights and duties of prisoners are incardinated The Penitentiary Administration is responsible for ensuring that the rights of inmates not directly affected by the sentence are not infringed

Rights

Prison Rules Article 4

The penitentiary activity shall be exercised respecting the personality of those who are entrusted to it by a court order as well as respecting their legitimate rights and interests that are not affected by the sentence without any discrimination based on race sex religion opinion nationality or any other condition or personal or social circumstance

Accordingly they shall enjoy the following rights

a) The right for their life integrity and health to be safeguarded by the Penitentiary Administration without being under any circumstances subject to torture ill-treatment by word or deed or to unnecessary severity in the implementation of rules

b) The right for their dignity and privacy to be preserved without prejudice to the measures that have to be taken for an ordered life within prison In this sense they are entitled to be designated by their name and to have their circumstances kept from third parties

c) The right to exercise civil political social economic and cultural rights except when they were incompatible with the object of their arrest and the execution of the sentence

The freedom of religion and worship is ensured by agreements signed with the main religions

d) The right to a penitentiary treatment and to the adequate programmed measures to ensure its success

e) The right to keep the communications with the exterior that the law contemplates These may take the form of

Oral telephone or video-conference communications complying in any case with the required conditions

Personal communications with the partner or family

f) The right to paid employment within the existing availability of the Penitentiary Administration

30

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

g) The right to access and enjoy the public subsidies that may apply including the unemployment benefit derived from prison labour contributions

h) The right to the penitentiary benefits contemplated by the law

i) The right to participate in prison activities

j) The right to make requests and present complaints to the prison authorities judicial organs Ombudsman and Public Prosecutor as well as to contact relevant authorities and to use the necessary means for defending their rights and interests

k) The right to receive updated personal information about their procedural and penitentiary situation

Duties

Prison Rules Article 5

Those entrusted to the Prison Administration by a court order may be required to collaborate actively and to have a supportive behaviour when fulfilling their obligations adequate to their penitentiary situation or the sentence

They must therefore

a) Collaborate actively in serving the sentence in its execution terms

b) Work towards the achievement of an orderly coexistence within the centre and keeping an attitude of respect and consideration towards the authorities civil servants staff collaborators prisoners and others both inside and outside the prisons

c) Comply with the orders and internal rules which they may receive from prison staff in the legitimate exercise of its powers

d) Stay on the designated establishment up to their release at the judicial authority disposal or to serve the imprisonment sentence that has been imposed on them

e) Make adequate use of the material resources at their disposal and the prison facilities

f) Observe a proper personal hygiene and a correct dressing abiding hygiene and health standards

g) Carry out the mandatory personal services imposed by the Penitentiary Administration

h) Participate in training educational and employment activities programmed to tackle their needs as a preparation for release

31

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

TREATMENT PROGRAMS IN PRISONS

rison treatment constitutes the set of activities directly aimed to ensure the reshyeducation and reintegration of the inmate taking into account his or her lacks and needs It is intended to provide each inmate with a single continuous and dynamic intervention allowing him or her to rejoin society after the imprisonment in better conditions than the ones he or she had previously and that lead to the criminal activity

Among the treatment programs that are carried out some are outlined due to their specific relevance

Domestic Offenders It is an intense and demanding therapeutic programme aimed at those inmates who have committed domestic violence offences It is delivered in groups and the therapy usually lasts a year

Control of the sexual drive Aimed at inmates who have committed offences against women or minors sexual freedom and sexual indemnity The psychotherapeutic intervention lasts two years

Foreign Prison Population This program covers three main areas of intervention education including formal education language skills vocational training and health education Multicultural education including basic knowledge on law socioshycultural characteristics of our country and intercultural activities Finally education on values and cognitive skills

Suicide prevention The duty to ensure inmates life and integrity leads this Penitentiary Administration in a preventive way through intervention to generalize this program in all prisons

Physically and mentally disabled persons This program includes early detection assignment to departments or facilities without architectural limitations and processing of official certificates For intellectually disabled inmates the intervention is aimed at basic skills training so they can achieve a level of personal autonomy This program is delivered with the collaboration of the Federation of Organizations In Favour of Persons with Intellectual Disabilities (FEAPS)

Closed regime This program is carried out in those centres that have closed Department The main objective pursued is the gradual integration of the inmate in the ordinary regime of coexistence It consists of therapeutic educational leisure and sporting activities

Intervention with young inmates Its a comprehensive intervention for young inmates It includes education and vocational training Leisure culture and sports hygiene and health social and family aspects are also addressed

Animal-assisted therapy (TACA) Addressed at inmates with lacks in the emotions and thoughts regulation processes as well as with unstable and impulsive behaviours It is aimed at increasing self-esteem selfshymanagement skills social strategies and empathy

Treatment programs are assigned to inmates

on an individual basis depending on their

personal characteristics and the nature of the offence

32

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Conflict solving It is aimed at inmates who have co-existence problems teaching them to solve these issues peacefully with the support of a mediator

ldquoBeing a Womanrdquo Program It is a violence prevention program for imprisoned women Aimed at the prevention of gender-based violence it includes as well the treatment of inmates who have suffered it and need a greater degree of intervention

Comprehensive care for the Mentally Ill (PAIEM) In order to intervene with inmates with mental pathologies a comprehensive program for the attention to mental illness (PAIEM) was set up Through this program specialized care patterns were established making a special emphasis on occupational and therapeutic activities

Preparation For Leaves Program Prior to the granting of leaves several intervention actions to prepare inmates for their first outing are carried out These intervention actions are focused on to the achievement of the planned objectives as a preparation for life in freedom and the return to prison

Smoking The intensification of information and awareness-raising campaigns on smoking determines the intervention on tobacco addictions with an educational psychosocial and behavioural approach

Alcohol Addiction Program Framed within the scope of the addiction interventions it is an interdisciplinary program including a previous process of information and motivation and the subsequent training on the necessary skills to deal with addiction craving management and relapse prevention

Respect Departments Education program in positive values ndasharound the idea of respectndash which forces inmates to put them into practice The admission to these departments entails the acceptance of a new way of life based on trust and solidarity and the peaceful resolution of conflicts They are aimed at the creation and consolidation of socially accepted attitudes and habits preventing the prevailing values of the prison subculture that lead to recidivism Aspects such as hygiene health healthy habits interpersonal relations the promotion of responsibility and active participation are taken care of

Therapeutic Departments They are spaces free of the interferences generated by drugs They intend to change the habits and attitudes of inmates so that they can continue their treatment afterwards in various therapeutic community resources

The teams responsible for these departments are formed by professionals from different areas that belong to the own penitentiary institution in some cases and in others to collaborating organizations an NGOs

33

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

PRISON WORK AND WORKPLACE INSERTION

Imprisonment besides meaning the execution of a court sentence can become an opportunity for those persons that have a personal history of marginalization and exclusion During the time spent in prison they have the opportunity to acquire employment-related skills so they can integrate into society and abandon the criminal world To achieve this goal the Penitentiary Administration counts on two basic elements the organization of penitentiary productive work and the vocational training

As established by the Penitentiary Law work is considered a right and duty of the inmate It is also a basic tool for his or her reinsertion into society preparing him or her for a better integration into the employment world after serving the sentence

The State Entity of Public Law for Prison Work and Vocational Training (TPFE) under the aegis of the General Secretariat of Penitentiary Institutions is responsible for making the necessary resources available to inmates improving their employment training

This Entity has its own legal personality as corresponds to an agency of this nature Among the functions included in its Statute is the organization of productive prison labour and its appropriate remuneration the maintenance of the workshops and other training facilities and the employment of inmates

Work is a basic factor for inmates rehabilitation providing an essential tool

for their employment integration upon release

Productive work

All prisons have workshops where inmates can perform paid productive labour This activity is considered a special employment relationship by the Workersrsquo Statute (Law 81980 10 March)

All employed inmates are included in the general regime of the Social Security as established by the European Prison Rules (2617)

Over recent years close to 12300 inmates in a monthly rate have been working in the prisons production workshops This means that around 40 of the population that can carry out a job is doing so in these workshops

The productive activity of prison workshops is self-financed to the extent that it is not subsidized by the General State Budget This means that the economic viability of the activities carried out on a competitive basis must be guaranteed therefore with minimum business criteria

34

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Productive Workshops

Specialities

Farming

Graphic Arts

Crafts and Ceramics

Industrial clothing

Woodwork

Manipulative Work

Metalwork

Services

Kitchen

Prison Shop

Maintenance

Bakery

Auxiliary Activities

On prison workshops inmates work in similar settings to those of the outside employment environment so they can familiarize themselves with the requirements of productive labour technological as well as organizational

The workshops management is dual directly through the Entity or through the collaboration with private companies which develop their productive activity according to their business criteria This modality is carried out through collaborative framework agreements with business organizations The fact that on prison workshop production processes are carried out by major Spanish industrial companies shows that this work is ldquouseful and sufficientrdquo as required by the Rule 262 of the new European Prison Rules

In addition to traditional production processes new industrial lines in areas of great future in the external labour market as those related to the environment waste recycling energy use renewable energy recycling of electronic products etc are carried out

The State Entity of Public Law for Prison Work and Vocational Training manages service production workshops such as the Kitchen Bakery Prison Store Laundry Maintenance and Auxiliary services (cleaning laundry gardening garbage management libraries etc) These jobs are performed by inmates hired with a contract after having undergone a prior period of training

35

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

VOCATIONAL TRAINING

Prison Work and Vocational Training offers to prisons and social insertion centres the required vocational training and assistance for the insertion resources to direct inmates towards social and labour reintegration

To this end the Entity schedules vocational training plans in prisons and social insertion centres Training and Labour Orientation plans (FOL Program) vocational training plans on the outside Community service (Reincorpora Program) and labour insertion accompanying programs (SAL Program)

The aim of vocational training is to tackle the training lacks of imprisoned persons improving their professional qualifications in order to facilitate their social reintegration through vocational training courses inside prisons and Social Insertion Centres

These actions are funded mainly through two channels Cooperation Agreement with the Public State Service for Employment and the Operational Programme 2007-2013 ldquoFight Against Discriminationrdquo of the European Social Fund

Annually an average of 700 courses is offered with more than 13000 people participating A large part of these actions is aimed at training inmates for their subsequent incorporation to a productive workshop in the prison so they can acquire or consolidate their work habits

Along with this training the Entity offers Transversal Competences Training Courses for complementing technical training with transversal competences Environmental Awareness Equality of Opportunities Risk Prevention and Information Technology and Communication

The Training and Labour Orientation plans (FOL Program) consists on a 90-hour module co-funded by the European Social Fund through the Operational Programme 2007 - 2013 Fight Against Discrimination and it is aimed at inmates that will rejoin the labour market soon

The aim is to inform participants about risk prevention rights and obligations derived from the employment relationship the sources of employment methods and techniques for job search as well as the kind of relationships that are established in a labour environment

Annually an average of 92 modules are being set up involving more than 1300 inmates

36

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

Under the aegis of the Cooperation Agreement signed between the Prison Administration and the Fundacioacuten la Caixa the Vocational Training on the Outside and Community Service Plan is being developed (Programa Reincorpora) It consists in the execution of labour insertion itineraries that include vocational training in an outside centre professional non-labour practices community service and support in an active job search

Annually more than 1300 inmates from the Social Insertion centres participate in theses itineraries

Again with the co-funding of the European Social Fund Fund Employability Accompanying Programs (Programa SAL) have been established for people who are in the final phase of the execution of their sentence in a Social Insertion Centre

Prison Work and Training for Employment is responsible for the vocational training of inmates and for their employment search guidance

The goal of these programs is on the one hand to promote business awareness into the hiring of this group at risk of social exclusion and on the other to accompany the beneficiaries of the program in their active search for employment and its maintenance

These programs are biennial and involve more than 2500 inmates from 10 provinces

With this same objective the Entity has signed Collaboration Agreements with the municipalities of Caacuteceres and Albacete by which the Entity funds the hiring of a Labour Advisor that attends the prison and Social Insertion centres population in these provinces approximately 200 people a year

In addition projects for labour insertion with collaborators like ECOEMBES or Fundacioacuten Tomillo have been started incorporating their experience and profiting from the possibilities of awakening business awareness on the recruitment of our group with a high level of involvement from the staff of all organizations

37

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

FORMAL EDUCATION

Education is another priority for the Spanish Prison System The Education Law 22006 gives great importance to adult education continuous learning and lifelong training opportunities (Art 5) In relation to imprisoned persons it states that the access to adult education must be guarantee (Art 666) Over recent years a major effort has been done to promote education We have asked for an extension of the teaching staff to the Education Authorities of the different Autonomous Communities and we have carried out recruitment plans among the less motivated inmates At the end of 2013 nearly 700 teaching professionals ndashamong teachers secondary school teachers high school tutors vocational training teachers and tutors at the National University of Distance Education (UNED)ndash were teaching and providing tutoring and advice in prisons

In each prison there are classrooms with teachers where in-person adult education classes can be taken Over recent years inshyperson high school classes have been also strengthened Similarly the rest of the regulated education courses high school as well as vocational training can be taken

The coordination and monitoring of imprisoned peoples education is carried out through cooperation agreements with the Regional Ministries of Education of the Autonomous Communities and in the prisons among representatives from both Administrations

Thanks to the existing agreement with the National University of Distance Education inmates can study the various university studies listed in their curriculum The development of university education in prison is similar to that of any other

university student The student has access to the required mentoring distance support and training material as well as to Counselling in the 12 National University of Distance Education classrooms from which the students of Bachelors Degrees can access to the UNED Platform through computers placed in those classrooms with individual specific classes for each one of them

Formal Educational Stages

Non University Education Basic Education 11318 students

Level I Literacy Literacy for Foreigners Spanish for Foreigners

Level II Knowledge Strengthening 1st and 2nd (basic instrumental skills)

Comprehensive School Education 4705 students

1st Stage

2nd Stage

Secondary School

Middle Grade Stages

Upper Grade Stages

Official Language School

University 1042 students

Direct Access for students over 25 and 45

Official Qualifications

Doctorate

Other Education 1320 students Languages Mentor Classroom PCP Pre-Access TOTAL STUDENTS 18385 students

38

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

TRAINING OCCUPATIONAL AND CULTURAL PROGRAMS

Prison intervention for rehabilitation and social reintegration of imprisoned persons has in mind as well the necessary acquisition of capabilities skills and values provided by the occupational and cultural programmes taking place in prison

In this sense the Prison Administration has made a great effort to provide the adequate infrastructures and the necessary material and human resources to carry out the widest range of occupational activities focused in promoting inmates creativity occupational and educational courses that upgrade their knowledge and develop their cognitive social and emotional skills and finally cultural activities that allow them to enjoy the most varied artistic expressions so that they get linked with cultural networks of their environment

Inmates are an active part in the design of the activities that are carried out in prisons Their interests are a decisive factor in their planning The most demanded courses are those focused on personal development health education computers driving and typing In the occupational field the most common are music workshops theatre threads painting drawing and woodwork although there are more innovative ones

such as recycling audiovisual present stamping enamel radio etc some of the objects produced in these workshops are put on sale via the Internet through the ldquoAsombrardquo Project managed by the Public Law Entity Prison Work and Vocational Training Finally from the cultural point of view there are frequent theatre performances musical performances film screenings conferences and exhibitions coming both from the outside as well as planned by the own prison

Libraries are a fundamental element for the cultural revitalization of prisons Their facilities are functional and they have an ample provision of funds exceeding an average of 10800 volumes covering practically all genres and subjects To promote reading most of the centres have Reading Promotion Teams led by trained professionals where the most varied activities such as commemorations lectures by renowned authors campaigns literature distribution etc are carried out

Finally we should point out several training and intervention programs in prison which due to their special characteristics have become object of an special promotion by the Prison Administration

39

ndash Universal Driving and Road Safety Awareness Campaign aimed at the internalization by inmates of civic values applied to the use of public roads and the awareness of the consequences of a reckless use of them and as well at obtaining a driving licence which many inmates lack despite driving normally when they are outside

ndash Plan for the Equality of Rights between Men and Women in Prison aimed at correcting all those situations that put imprisoned women in a situation of inferiority or impairment in comparison to men Research and coordination actions are carried out between the

different institutions entities and NGOs that collaborate and work with women for improving intervention elaborating awareness programmes about gendershybased violence implementing measures for assisting and supporting victims seeking the social support of the families

ndash Training in New Technologies in collaboration with the Fundacioacuten la Caixa there have been set up in several prisons computer classrooms where inmates are trained in the use of computers

40

SPORT PROGRAMS

Sport in prison is one of the basic pillars of the treatment intervention with inmates not only for the physical benefits and health improvement that its usual practice brings especially for this kind of population but also for the values that are acquired companionship cooperation pursuit of excellence respect for the opponent and compliance of the rules One of the priorities for the Prison Administration in this area is to offer inmates a wide range of quality sports used not only as an instrument for the improvement of leisure and free time In order to achieve this we have been working on two fronts

ndash Improvement of the sports infrastructures ensuring that in practically all of the prisons there are facilities for the practice of the most varied disciplines as well as providing sports equipment

ndash Monitoring of the sports practice by staff from the Penitentiary Administration as well as from Professional Federations and Sports Clubs As a result of this philosophy Sport Schools have been set up In them inmates besides learning the techniques tactics and strategies of a particular sport have it guaranteed that the physical activity does not generate unwanted effects due to a misuse

The most demanded sports are Indoor Football Table Tennis Bodybuilding Gym Fronton and Athletics Competitions of these and other sports take place on a regular basis within the own prison and more sporadically in Interprisons Championships In addition some prisons have Federated Teams participating in local competitions

Sport programs also include training actions aimed at the vocational training of inmates referee courses and coach and trainer courses

41

HEALTH

The right to life and health of imprisoned persons is an obligation that the Administration should ensure Health care is a basic activity in prison The characteristics of the prison population and the prevalence of certain pathologies give health conditions a special significance

Health care is part of the concept of a comprehensive care of the prisoner which basis is the Primary Health Care

All prisons have an Infirmary equipped with the required technical means for carrying effectively its task In charge of the Infirmary there is a team formed by health professionals -doctors nurses and auxiliaryshyorganized in Primary Health Care teams responsible for ensuring the provision of a free health care to all inmates

In addition to regular or emergency consultations the activity of the healthcare professionals is focused on promoting health education and setting up preventive measures among prisoners

Several of our prison programs and health education activities have been awarded the Good Practices Award by the World Health Organization The Penitentiary Administration also ensures in and outshypatient specialized hospital care through agreements with the Public Health Services dependent on the Autonomous Communities Diagnostic services by telemedicine have also been implemented In order to improve the service we have signed agreements that allow for high demand specialists consultations within the prisons preventing thus the transfer of inmates

Prisons have health staff ndashgeneral practitioners nurses assistanstsndash who guaranteehellip and provide them with health

education programs

42

Hospital Custody Units

As mentioned above prisons are equipped with health care facilities and staff to provide a medical assistance equivalent to the Primary Health Care offered by the Public Health System When the patient requires specialized care it is provided by the Medical Services of the Autonomous Communities

When hospitalization is necessary the Prison Administration counts with the so-called Custody Units located inside general hospitals from the Public Health Network

These Units ensure a proper care for the patient with a minimum social cost without impairing the security of the staff and other users These medical facilities are adapted for the specialized care of inmates while ensuring the safety measures required for their custody

Each prison has a Public Hospital assigned During 2013 43 Hospital Custody Units were functioning

43

ALTERNATIVE SENTENCES AND MEASURES

This kind of penalties keep the offender within his or her community environment ie the sentenced person is free and serves the sentence in freedom although he or she can be subject to certain restrictions conditions or obligations depending on the case

They may be community service sentence suspension sentence substitution and security measures

Community Service

It cannot be imposed without the consent of the sentenced person forcing him or her to cooperate in a non-profitable way with certain public utility activities which may consist in relation to crimes of similar nature to the one committed by the sentenced person on repair damage restoration support or assistance to victims participation in workshops or re-education and training programs employment culture road safety sexual and others

Sentence Suspension

It consists on the non-execution of a custodial sentence ndashgranted discretionally by the courtsndash based on certain characteristics of the sentenced person and on the kind of offence It requires for the sentenced person to no commit a new offence for a certain period of time (from 2 to 5 years) and ndashadditionallyndash the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Sentence Substitution

It is the execution of a different penalty to the custodial one contained in the sentence attending to certain particular characteristics or circumstances of the sentenced person It may additionally involve the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Similarly the replaced penalties may consist in community service also competence of the Penitentiary Administration

Security Measures

Security measures are criminal control means based on the dangerousness of the subject which is materialized or externalized by the offence They are imposed when certain pathologies or modifying circumstances of the criminal liability concur (non-imputable or semishyimputable persons) or in specially qualified offences In the latter case we are speaking of a specific type of security measure monitored freedom

The Prison Administration is responsible for the execution of custodial security measures in a prison or in a penitentiary psychiatric unit (Royal Decree 8402011 of 17 July which establishes the circumstances of the execution of community service and permanent location in prison of certain security measures as well as of the custodial sentence suspension and sentence substitution) However it assumes residually up to their extinction the execution of non-custodial security measures prior to the entry into force of the aforementioned Royal Decree The statistical information refers to these

44

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

SPORT PROGRAMS

Sport in prison is one of the basic pillars of the treatment intervention with inmates not only for the physical benefits and health improvement that its usual practice brings especially for this kind of population but also for the values that are acquired companionship cooperation pursuit of excellence respect for the opponent and compliance of the rules One of the priorities for the Prison Administration in this area is to offer inmates a wide range of quality sports used not only as an instrument for the improvement of leisure and free time In order to achieve this we have been working on two fronts

ndash Improvement of the sports infrastructures ensuring that in practically all of the prisons there are facilities for the practice of the most varied disciplines as well as providing sports equipment

ndash Monitoring of the sports practice by staff from the Penitentiary Administration as well as from Professional Federations and Sports Clubs As a result of this philosophy Sport Schools have been set up In them inmates besides learning the techniques tactics and strategies of a particular sport have it guaranteed that the physical activity does not generate unwanted effects due to a misuse

The most demanded sports are Indoor Football Table Tennis Bodybuilding Gym Fronton and Athletics Competitions of these and other sports take place on a regular basis within the own prison and more sporadically in Interprisons Championships In addition some prisons have Federated Teams participating in local competitions

Sport programs also include training actions aimed at the vocational training of inmates referee courses and coach and trainer courses

41

HEALTH

The right to life and health of imprisoned persons is an obligation that the Administration should ensure Health care is a basic activity in prison The characteristics of the prison population and the prevalence of certain pathologies give health conditions a special significance

Health care is part of the concept of a comprehensive care of the prisoner which basis is the Primary Health Care

All prisons have an Infirmary equipped with the required technical means for carrying effectively its task In charge of the Infirmary there is a team formed by health professionals -doctors nurses and auxiliaryshyorganized in Primary Health Care teams responsible for ensuring the provision of a free health care to all inmates

In addition to regular or emergency consultations the activity of the healthcare professionals is focused on promoting health education and setting up preventive measures among prisoners

Several of our prison programs and health education activities have been awarded the Good Practices Award by the World Health Organization The Penitentiary Administration also ensures in and outshypatient specialized hospital care through agreements with the Public Health Services dependent on the Autonomous Communities Diagnostic services by telemedicine have also been implemented In order to improve the service we have signed agreements that allow for high demand specialists consultations within the prisons preventing thus the transfer of inmates

Prisons have health staff ndashgeneral practitioners nurses assistanstsndash who guaranteehellip and provide them with health

education programs

42

Hospital Custody Units

As mentioned above prisons are equipped with health care facilities and staff to provide a medical assistance equivalent to the Primary Health Care offered by the Public Health System When the patient requires specialized care it is provided by the Medical Services of the Autonomous Communities

When hospitalization is necessary the Prison Administration counts with the so-called Custody Units located inside general hospitals from the Public Health Network

These Units ensure a proper care for the patient with a minimum social cost without impairing the security of the staff and other users These medical facilities are adapted for the specialized care of inmates while ensuring the safety measures required for their custody

Each prison has a Public Hospital assigned During 2013 43 Hospital Custody Units were functioning

43

ALTERNATIVE SENTENCES AND MEASURES

This kind of penalties keep the offender within his or her community environment ie the sentenced person is free and serves the sentence in freedom although he or she can be subject to certain restrictions conditions or obligations depending on the case

They may be community service sentence suspension sentence substitution and security measures

Community Service

It cannot be imposed without the consent of the sentenced person forcing him or her to cooperate in a non-profitable way with certain public utility activities which may consist in relation to crimes of similar nature to the one committed by the sentenced person on repair damage restoration support or assistance to victims participation in workshops or re-education and training programs employment culture road safety sexual and others

Sentence Suspension

It consists on the non-execution of a custodial sentence ndashgranted discretionally by the courtsndash based on certain characteristics of the sentenced person and on the kind of offence It requires for the sentenced person to no commit a new offence for a certain period of time (from 2 to 5 years) and ndashadditionallyndash the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Sentence Substitution

It is the execution of a different penalty to the custodial one contained in the sentence attending to certain particular characteristics or circumstances of the sentenced person It may additionally involve the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Similarly the replaced penalties may consist in community service also competence of the Penitentiary Administration

Security Measures

Security measures are criminal control means based on the dangerousness of the subject which is materialized or externalized by the offence They are imposed when certain pathologies or modifying circumstances of the criminal liability concur (non-imputable or semishyimputable persons) or in specially qualified offences In the latter case we are speaking of a specific type of security measure monitored freedom

The Prison Administration is responsible for the execution of custodial security measures in a prison or in a penitentiary psychiatric unit (Royal Decree 8402011 of 17 July which establishes the circumstances of the execution of community service and permanent location in prison of certain security measures as well as of the custodial sentence suspension and sentence substitution) However it assumes residually up to their extinction the execution of non-custodial security measures prior to the entry into force of the aforementioned Royal Decree The statistical information refers to these

44

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

HEALTH

The right to life and health of imprisoned persons is an obligation that the Administration should ensure Health care is a basic activity in prison The characteristics of the prison population and the prevalence of certain pathologies give health conditions a special significance

Health care is part of the concept of a comprehensive care of the prisoner which basis is the Primary Health Care

All prisons have an Infirmary equipped with the required technical means for carrying effectively its task In charge of the Infirmary there is a team formed by health professionals -doctors nurses and auxiliaryshyorganized in Primary Health Care teams responsible for ensuring the provision of a free health care to all inmates

In addition to regular or emergency consultations the activity of the healthcare professionals is focused on promoting health education and setting up preventive measures among prisoners

Several of our prison programs and health education activities have been awarded the Good Practices Award by the World Health Organization The Penitentiary Administration also ensures in and outshypatient specialized hospital care through agreements with the Public Health Services dependent on the Autonomous Communities Diagnostic services by telemedicine have also been implemented In order to improve the service we have signed agreements that allow for high demand specialists consultations within the prisons preventing thus the transfer of inmates

Prisons have health staff ndashgeneral practitioners nurses assistanstsndash who guaranteehellip and provide them with health

education programs

42

Hospital Custody Units

As mentioned above prisons are equipped with health care facilities and staff to provide a medical assistance equivalent to the Primary Health Care offered by the Public Health System When the patient requires specialized care it is provided by the Medical Services of the Autonomous Communities

When hospitalization is necessary the Prison Administration counts with the so-called Custody Units located inside general hospitals from the Public Health Network

These Units ensure a proper care for the patient with a minimum social cost without impairing the security of the staff and other users These medical facilities are adapted for the specialized care of inmates while ensuring the safety measures required for their custody

Each prison has a Public Hospital assigned During 2013 43 Hospital Custody Units were functioning

43

ALTERNATIVE SENTENCES AND MEASURES

This kind of penalties keep the offender within his or her community environment ie the sentenced person is free and serves the sentence in freedom although he or she can be subject to certain restrictions conditions or obligations depending on the case

They may be community service sentence suspension sentence substitution and security measures

Community Service

It cannot be imposed without the consent of the sentenced person forcing him or her to cooperate in a non-profitable way with certain public utility activities which may consist in relation to crimes of similar nature to the one committed by the sentenced person on repair damage restoration support or assistance to victims participation in workshops or re-education and training programs employment culture road safety sexual and others

Sentence Suspension

It consists on the non-execution of a custodial sentence ndashgranted discretionally by the courtsndash based on certain characteristics of the sentenced person and on the kind of offence It requires for the sentenced person to no commit a new offence for a certain period of time (from 2 to 5 years) and ndashadditionallyndash the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Sentence Substitution

It is the execution of a different penalty to the custodial one contained in the sentence attending to certain particular characteristics or circumstances of the sentenced person It may additionally involve the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Similarly the replaced penalties may consist in community service also competence of the Penitentiary Administration

Security Measures

Security measures are criminal control means based on the dangerousness of the subject which is materialized or externalized by the offence They are imposed when certain pathologies or modifying circumstances of the criminal liability concur (non-imputable or semishyimputable persons) or in specially qualified offences In the latter case we are speaking of a specific type of security measure monitored freedom

The Prison Administration is responsible for the execution of custodial security measures in a prison or in a penitentiary psychiatric unit (Royal Decree 8402011 of 17 July which establishes the circumstances of the execution of community service and permanent location in prison of certain security measures as well as of the custodial sentence suspension and sentence substitution) However it assumes residually up to their extinction the execution of non-custodial security measures prior to the entry into force of the aforementioned Royal Decree The statistical information refers to these

44

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

Hospital Custody Units

As mentioned above prisons are equipped with health care facilities and staff to provide a medical assistance equivalent to the Primary Health Care offered by the Public Health System When the patient requires specialized care it is provided by the Medical Services of the Autonomous Communities

When hospitalization is necessary the Prison Administration counts with the so-called Custody Units located inside general hospitals from the Public Health Network

These Units ensure a proper care for the patient with a minimum social cost without impairing the security of the staff and other users These medical facilities are adapted for the specialized care of inmates while ensuring the safety measures required for their custody

Each prison has a Public Hospital assigned During 2013 43 Hospital Custody Units were functioning

43

ALTERNATIVE SENTENCES AND MEASURES

This kind of penalties keep the offender within his or her community environment ie the sentenced person is free and serves the sentence in freedom although he or she can be subject to certain restrictions conditions or obligations depending on the case

They may be community service sentence suspension sentence substitution and security measures

Community Service

It cannot be imposed without the consent of the sentenced person forcing him or her to cooperate in a non-profitable way with certain public utility activities which may consist in relation to crimes of similar nature to the one committed by the sentenced person on repair damage restoration support or assistance to victims participation in workshops or re-education and training programs employment culture road safety sexual and others

Sentence Suspension

It consists on the non-execution of a custodial sentence ndashgranted discretionally by the courtsndash based on certain characteristics of the sentenced person and on the kind of offence It requires for the sentenced person to no commit a new offence for a certain period of time (from 2 to 5 years) and ndashadditionallyndash the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Sentence Substitution

It is the execution of a different penalty to the custodial one contained in the sentence attending to certain particular characteristics or circumstances of the sentenced person It may additionally involve the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Similarly the replaced penalties may consist in community service also competence of the Penitentiary Administration

Security Measures

Security measures are criminal control means based on the dangerousness of the subject which is materialized or externalized by the offence They are imposed when certain pathologies or modifying circumstances of the criminal liability concur (non-imputable or semishyimputable persons) or in specially qualified offences In the latter case we are speaking of a specific type of security measure monitored freedom

The Prison Administration is responsible for the execution of custodial security measures in a prison or in a penitentiary psychiatric unit (Royal Decree 8402011 of 17 July which establishes the circumstances of the execution of community service and permanent location in prison of certain security measures as well as of the custodial sentence suspension and sentence substitution) However it assumes residually up to their extinction the execution of non-custodial security measures prior to the entry into force of the aforementioned Royal Decree The statistical information refers to these

44

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

ALTERNATIVE SENTENCES AND MEASURES

This kind of penalties keep the offender within his or her community environment ie the sentenced person is free and serves the sentence in freedom although he or she can be subject to certain restrictions conditions or obligations depending on the case

They may be community service sentence suspension sentence substitution and security measures

Community Service

It cannot be imposed without the consent of the sentenced person forcing him or her to cooperate in a non-profitable way with certain public utility activities which may consist in relation to crimes of similar nature to the one committed by the sentenced person on repair damage restoration support or assistance to victims participation in workshops or re-education and training programs employment culture road safety sexual and others

Sentence Suspension

It consists on the non-execution of a custodial sentence ndashgranted discretionally by the courtsndash based on certain characteristics of the sentenced person and on the kind of offence It requires for the sentenced person to no commit a new offence for a certain period of time (from 2 to 5 years) and ndashadditionallyndash the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Sentence Substitution

It is the execution of a different penalty to the custodial one contained in the sentence attending to certain particular characteristics or circumstances of the sentenced person It may additionally involve the fulfilment of a particular intervention program carried out by the Penitentiary Administration

Similarly the replaced penalties may consist in community service also competence of the Penitentiary Administration

Security Measures

Security measures are criminal control means based on the dangerousness of the subject which is materialized or externalized by the offence They are imposed when certain pathologies or modifying circumstances of the criminal liability concur (non-imputable or semishyimputable persons) or in specially qualified offences In the latter case we are speaking of a specific type of security measure monitored freedom

The Prison Administration is responsible for the execution of custodial security measures in a prison or in a penitentiary psychiatric unit (Royal Decree 8402011 of 17 July which establishes the circumstances of the execution of community service and permanent location in prison of certain security measures as well as of the custodial sentence suspension and sentence substitution) However it assumes residually up to their extinction the execution of non-custodial security measures prior to the entry into force of the aforementioned Royal Decree The statistical information refers to these

44

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

250000

Alternative Sentences and Measures in numbers

Evolution of the annual flow of alternative sentences and measures

234935

200000 185476

181128

160804

148284 150000

100000

60405

50000

28578

16929 8143

929 1027 1049 1071 2304

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Evolution of the annual flow of sentences to community service 250000

209570

200000

150000

100000

50000

619 615 662 633 1739

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

6921 13369

22364

46617

161008 156559

121614

134696

45

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

Evolution of the annual flow of sentence suspension and sentence substitution

30000

24987 24865 25000

21746 21569 20718

20000

15000

10281

10000

5184

5000 2787

789312114 175 217 251

0

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Treatment Programs in AlternativeSentences and Measures

The Penitentiary Administration is in charge of managing the correct fulfilment of these programs For doing so it counts on internal and external staff specialized in therapeutic intervention

The main programmes carried out are

bull Intervention with Offenders Program

bull Road Safety and Driving Program

bull Pro-social Thinking Program

bull Drug Addiction Intervention Program

On-going Programs and Programs in preparation as at 31-12-2013

24865

The prison system is alsoresponsible for the adequate

implementation of thosealternative sentences

imposed by judges

46

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

Alternative Sentences and Measures Management Services

They are the administrative units entrusted with the execution of alternative sentences and measures They depend organically and functionally on a prison or a Social Insertion Centre

The staff assigned to these units is formed by psychologists educators technicians office staff and social workers They work in multidisciplinary teams directed by a Chief of the Service At the present time there are 55 existing Services

Situation of Alternative and Measures Management Services

Evolution of the Agreement signedfor the fulfilment of Community Service and quantity of available posts

The Royal Decree 8402011 which regulates among other penalties Community Service establishes that Community Service will facilitated by the State regional or local Administration

To this end the necessary agreements can be signed among different administrations or with public or private entities in charge of public utility activities which have to send a monthly list of the posts that are available in their territory

The Penitentiary Administration in this sense has been entrusted with the supervision of their actions and has to provide them with the necessary support and assistance

47

The sentenced person may propose a specific work as well This proposal is studied by the Penitentiary Administration in order to check that it complies with the requirements of the Penal Code and the Royal Decree and it is communicated to the Penitentiary Surveillance Judge

Additionally there are posts at the disposal of the Penitentiary Administration that are not formalized through any agreement

As at December 2013

POST BY AGEEMENT Nordm of Entities Nordm of posts

Public Administrations 1093 10529

NGOs and other Entities 452 4105

TOTAL 1545 14634

POSTS WO AGREEMENT Nordm of Entities Nordm of posts

Public Administrations 3048 5273

NGOs and other Entities 2532 4128

TOTAL 5580 9401

On the same sense the Penitentiary Administration also has posts available for the fulfilment of this kind of penalty

POSTS IN THE PENITENTIARY ADMINISTRATION Nordm of Entities Nordm of posts

Prisons SIC SGPMA 134 5427

This makes a total of 7259 entities and 30937 posts The average figure for the fulfilment is 3 sentenced persons per post

48

SOCIAL VOLUNTEERING

NGOs and social volunteers play an important role in the Spanish prison system and constitute one of the most important features implemented for achieving inmates social reintegration

This collaboration is being conducted in a ample and valuable way both within prisons and outside in open environment facilities and through the implementation of alternative measures In the 2012-2013 biennium 799 organizations participated in the execution of 1048 intervention programs through 1803 actions carried out by 8499 collaborators who have entered inside the prisons for developing

preparation programs for the employment integration social insertion attention to specific groups health care and addiction treatment or education and training courses

All these tasks are coordinated by the Penitentiary Social Council ndashan advisory board depending on the General Secretariat of Penitentiary Institutionsndash and the Local Penitentiary Social Councils assigned to prisons and Social Insertion Centres

More than six thousand volunteers collaborate regularly with the Correctional Institution in order to achieve the social integration of inmates

49

CONTROL OF THE PRISON ACTIVITY

The activity of the Prison Administration is subject to the control of the Penitentiary Surveillance Judges the Ombudsman and the Parliament as well as to the one carried out directly by the Government just like any other sector of the Public Administration

Judicial Control

The Spanish Law reinforces substantially the control of the prison activity by the Judiciary via a singular figure the Penitentiary Surveillance Courts

These Courts are competent for the resolution of any issues that may arise in the field of criminal execution assuming thus the functions that would otherwise correspond to the sentencing court

Their jurisdiction covers the control of the execution of sentences and the protection of the rights of the people entrusted to the Prison Administration They can make proposals regarding the organization and management of the penitentiary service and treatment as well

The Penitentiary Surveillance Courts have a Public Prosecutor assigned to them who is responsible for the defence of legality in criminal execution as well as for the protection of the rights of citizens and the public interest

Ombudsman

The Ombudsman is the guarantor of fundamental rights of inmates in prison As High Commissioner of Parliament for the protection of fundamental rights and civil liberties in the Administration he or she carries out a basic control of the prison activity

The Ombudsman can act ex officio or upon request as a result of complaints filed by any person affected by the penitentiary activity when his or her fundamental rights have been breached The Ombudsman can access prisons and conduct interviews reviewing documents and the Prison Service is legally required to cooperate and assist him or her

Annually the Ombudsman submits a report to the Parliament in which he or she assesses the activities of the Prison Service

Political control

As a public authority with direct management assigned to the Ministry of the Interior the Statersquos public penitentiary system is under the direction and control of the Government and other administrative instances that control the Public Administration

Prison activity is an essential element for the penal system as well as for public security and therefore its functioning is subject to parliamentary control and to the control of relevant international bodies

50

You can find information about addresses and phone numbers of all our prisons (excepting those located in the Autonomous Community of Catalonia) in our WebPage

httpwwwinstitucionpenitenciariaeswebportalcentrosPenitenciarios

Likewise in the Website wwwinstitucionpenitenciariaes you can find more detailed information about different aspects of the Spanish Penitentiary System

51

SOCIAL VOLUNTEERING

NGOs and social volunteers play an important role in the Spanish prison system and constitute one of the most important features implemented for achieving inmates social reintegration

This collaboration is being conducted in a ample and valuable way both within prisons and outside in open environment facilities and through the implementation of alternative measures In the 2012-2013 biennium 799 organizations participated in the execution of 1048 intervention programs through 1803 actions carried out by 8499 collaborators who have entered inside the prisons for developing

preparation programs for the employment integration social insertion attention to specific groups health care and addiction treatment or education and training courses

All these tasks are coordinated by the Penitentiary Social Council ndashan advisory board depending on the General Secretariat of Penitentiary Institutionsndash and the Local Penitentiary Social Councils assigned to prisons and Social Insertion Centres

More than six thousand volunteers collaborate regularly with the Correctional Institution in order to achieve the social integration of inmates

49

CONTROL OF THE PRISON ACTIVITY

The activity of the Prison Administration is subject to the control of the Penitentiary Surveillance Judges the Ombudsman and the Parliament as well as to the one carried out directly by the Government just like any other sector of the Public Administration

Judicial Control

The Spanish Law reinforces substantially the control of the prison activity by the Judiciary via a singular figure the Penitentiary Surveillance Courts

These Courts are competent for the resolution of any issues that may arise in the field of criminal execution assuming thus the functions that would otherwise correspond to the sentencing court

Their jurisdiction covers the control of the execution of sentences and the protection of the rights of the people entrusted to the Prison Administration They can make proposals regarding the organization and management of the penitentiary service and treatment as well

The Penitentiary Surveillance Courts have a Public Prosecutor assigned to them who is responsible for the defence of legality in criminal execution as well as for the protection of the rights of citizens and the public interest

Ombudsman

The Ombudsman is the guarantor of fundamental rights of inmates in prison As High Commissioner of Parliament for the protection of fundamental rights and civil liberties in the Administration he or she carries out a basic control of the prison activity

The Ombudsman can act ex officio or upon request as a result of complaints filed by any person affected by the penitentiary activity when his or her fundamental rights have been breached The Ombudsman can access prisons and conduct interviews reviewing documents and the Prison Service is legally required to cooperate and assist him or her

Annually the Ombudsman submits a report to the Parliament in which he or she assesses the activities of the Prison Service

Political control

As a public authority with direct management assigned to the Ministry of the Interior the Statersquos public penitentiary system is under the direction and control of the Government and other administrative instances that control the Public Administration

Prison activity is an essential element for the penal system as well as for public security and therefore its functioning is subject to parliamentary control and to the control of relevant international bodies

50

You can find information about addresses and phone numbers of all our prisons (excepting those located in the Autonomous Community of Catalonia) in our WebPage

httpwwwinstitucionpenitenciariaeswebportalcentrosPenitenciarios

Likewise in the Website wwwinstitucionpenitenciariaes you can find more detailed information about different aspects of the Spanish Penitentiary System

51

CONTROL OF THE PRISON ACTIVITY

The activity of the Prison Administration is subject to the control of the Penitentiary Surveillance Judges the Ombudsman and the Parliament as well as to the one carried out directly by the Government just like any other sector of the Public Administration

Judicial Control

The Spanish Law reinforces substantially the control of the prison activity by the Judiciary via a singular figure the Penitentiary Surveillance Courts

These Courts are competent for the resolution of any issues that may arise in the field of criminal execution assuming thus the functions that would otherwise correspond to the sentencing court

Their jurisdiction covers the control of the execution of sentences and the protection of the rights of the people entrusted to the Prison Administration They can make proposals regarding the organization and management of the penitentiary service and treatment as well

The Penitentiary Surveillance Courts have a Public Prosecutor assigned to them who is responsible for the defence of legality in criminal execution as well as for the protection of the rights of citizens and the public interest

Ombudsman

The Ombudsman is the guarantor of fundamental rights of inmates in prison As High Commissioner of Parliament for the protection of fundamental rights and civil liberties in the Administration he or she carries out a basic control of the prison activity

The Ombudsman can act ex officio or upon request as a result of complaints filed by any person affected by the penitentiary activity when his or her fundamental rights have been breached The Ombudsman can access prisons and conduct interviews reviewing documents and the Prison Service is legally required to cooperate and assist him or her

Annually the Ombudsman submits a report to the Parliament in which he or she assesses the activities of the Prison Service

Political control

As a public authority with direct management assigned to the Ministry of the Interior the Statersquos public penitentiary system is under the direction and control of the Government and other administrative instances that control the Public Administration

Prison activity is an essential element for the penal system as well as for public security and therefore its functioning is subject to parliamentary control and to the control of relevant international bodies

50

You can find information about addresses and phone numbers of all our prisons (excepting those located in the Autonomous Community of Catalonia) in our WebPage

httpwwwinstitucionpenitenciariaeswebportalcentrosPenitenciarios

Likewise in the Website wwwinstitucionpenitenciariaes you can find more detailed information about different aspects of the Spanish Penitentiary System

51

You can find information about addresses and phone numbers of all our prisons (excepting those located in the Autonomous Community of Catalonia) in our WebPage

httpwwwinstitucionpenitenciariaeswebportalcentrosPenitenciarios

Likewise in the Website wwwinstitucionpenitenciariaes you can find more detailed information about different aspects of the Spanish Penitentiary System

51

• Title Page
• Credits Page
• The Spanish Prison System
• • Index
  • Presentation
  • Legal Framework
  • Objectives and Principles
  • Organization and Administrative Structure
  • Human Resources
  • Different Kinds of Facilities
  • • CIS (Social Integration Centres)
    • Mothers Units
    • Penitentiary Psychiatric Hospitals
    • Dependent Units
    • • The Prison Population
      • Rights and Duties of Prisoners
      • Treatment Programs in Prisons
      • Prison work and workplace insertion
      • Vocational Training
      • Formal Education
      • Training Ocupational and Cultural Programs
      • Sport Programs
      • Health
      • • Hospital Custody Units
        • • Alternative Sentences and Measures
          • • Community Service
            • Sentence suspension
            • Sentence Substitution
            • Security Measures
            • Treatment programs in Alternative Sentences and Measures
            • Alternative sentences and measures management services
            • Evolution of the Agreement signed for the fulfilment of Community Service and quantity of available posts
            • • Social Volunteering
              • Control of the Prison Activity
              • • Judicial Control
                • Ombudsman
                • Political Control
                • 1. Botoacuten2